STATE OF FLORIDA aie EP DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2008 kay 9 DEPARTMENT OF BUSINESS AND (XD 5 tay 20 Alls PROFESSIONAL REGULATION, PEUvision oF ADMINISTR Ati ye Petitioner, HEARIN GS vs. CASE NO.: 2007-064344 AMERICAN HOTEL REGISTRY CO., AND JAMES F. LEAHY, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior ‘Design against AMERICAN HOTEL REGISTRY CO. and JAMES Ff. LEAHY, (“Respondents”), and says: 1. Petitioner is the state agency charged with regulating the practice of interior design pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), _ Florida Statutes. 3. Respondents’ last known address is 100 S. Milwaukee Avenue, Vernon Hills, IL 66061. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of interior design in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. On or about December 14, 2005. Respondents entered into a contract to provide interior design services for a commercial project located known as Waterstone Resorts and Vacation Homes located at 101-A Business Centre Drive, Destin, Florida. 6. The contract is titled “Interior Design Agreement”. 7. In the Respondents’ buying guide for 2006-2007, interior design services are 8. As of November 29, 2007, Respondents’ web site offers interior design services. 9. Respondents are not licensed to practice interior design in the State of Florida and therefore cannot offer or provide such services. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. Section 481.223(1)(b), Florida Statutes, states that a person may not knowingly practice interior design, when the person is not then the holder of a valid license. 12. Based upon the foregoing, the Respondents have violated Section 481.223(1)(b), Florida Statutes, by practicing interior design, when they were not the holder of a valid license. . COUNT II 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. | 14, — Section 481.223(1)(c), Florida Statutes, prohibits a person from using the title interior designer or words to that effect unless the person is a registered interior designer. 15. Based upon the foregoing, the Respondents have violated Section 481.223( 1)\(c), Florida Statutes, by holding themselves out as interior designers when they were not the holder of a valid license. COUNT II 16. _ Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 17. Section 481.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. 18. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through American Hotel Registry, Co., without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to exceed $5,000 per count, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. pu Signed this yt dayof Meare , 2008. F | 2 TDI lation Department of Business and Prose nat Regu DAVID K. MINACCI DEPUTY CLE! Smith, Thompson, Shaw & Manausa, P.A. MN Juichelt. 3520 Thomasville Road, Fourth Floor cuer 1 tandm : Tallahassee, Florida 32309 3 as -2008 FL Bar No. 0056774 DATE = Ph: — (850) 402-1570 Fax: (850) 241-0161 PCP: March 13, 2008 Rodriguez Wirtz Gustafson

Docket for Case No: 08-002452